January 30, 2003:
More than 100 farm workers organize a 24-hour strike to protest
mistreatment and low wages by Threemile Canyon Farms.
February 2003: Sixty-nine workers initiate legal
action against Threemile Canyon Farms for failure to pay minimum
wage, illegal deductions from their paychecks, and retaliation for
organizing activities (First letter advising dairy of claims for
wages).
June 27, 2003: Workers complain about an on-going
campaign of threats and intimidation against them for demanding
representation by the United Farm Workers. One worker, Carlos Jaimez,
states, “A fellow worker, vocal about supporting the union,
has been removed from his regular job and put in the fields pulling
weeds.” According to Jaimez, the worker is barred from speaking
to his fellow workers and prohibited from using the bathroom or
getting a drink of water from the barn. “The head manager
is always there. If he see us talking [with] him, we are fired,”
Jaimez says. (Hermiston Herald, “Farm Workers allege threats,
mistreatment,” June 27, 2003.)
June 30, 2003: Oregon OSHA issues 12 citations
for health and safety violations, 11 of which are categorized as
“serious.” They include failing to provide eye protection
for workers when using a chemical that may cause blindness, failing
to provide protective equipment to workers when using a chemical
that burns the eyes, causes skin irritation and is a potential cancer
hazard. (OR-OSHA inspection record).
August 19, 2003: Threemile workers air complaints
in an article in the Hermiston Herald: “Solorio [a Threemile
employee] worries about the chemicals being used at the farm. He
doesn’t’ see any changes since OSHA cited the farm.”
(Hermiston Herald, “Farm Workers Protest Treatment,”
August 19, 2003.)
September, 2003: Forty-seven workers settle minimum
wage claims, illegal deductions from their paychecks and retaliation
for $40,000 (Final settlement of claims).
September 16, 2003: Twenty-two workers file suit
against Threemile Canyon Farms for failing to pay minimum wage,
illegal deductions from their paychecks and retaliation. (Alvaro
Caldera Flores et. al vs. Columbia River Dairy LLC No. 030910188
Multnomah County Circuit Court, filed in Portland, Oregon).
September 16, 2003: Threemile workers complain
about anti-union consultants intimidating workers. Employees also
complain farm supervisors are circulating an anti-union petition
and threatening workers who don’t sign it. (Hermiston Herald,
“Farm workers denounce subsidies,” Sept. 16, 2003.)
February 24, 2004: Threemile workers complain
to the Oregonian newspaper in Portland that they are not getting
rest breaks as guaranteed by Oregon regulations. They also a file
complaint with Oregon Bureau of Labor and Industries. (Oregonian,
“Dairy workers cite poor conditions,” Feb. 24, 2004.)
February 24, 2004: Dairy workers complain they
are told to milk cows with infected udders, use front loader tractors
to both distribute feed to the cows and use the same loaders to
dispose of cow carcasses. (Oregonian, “Dairy workers cite
poor conditions,” Feb. 24, 2004.)
March 2004: Oregon Department of Environmental
Quality asks Threemile to voluntarily cease spreading manure made
from dead cows on food crops grown on the farm. (Oregonian, “Mad
Cow scare delay disposal of dead cattle,” March 14, 2004.)
July 2, 2004: Eighteen workers settle their lawsuit
against Threemile Canyon Farms for $70,000 over failure to pay minimum
wage, illegal deductions from their paychecks and retaliation. (Alvaro
Caldera Flores et. al vs. Columbia River Dairy LLC No. 030910188
Multnomah County Circuit Court filed in Portland, Oregon).
Sept. 25, 2004: Three women workers file suit
against Threemile for sexual discrimination. Three additional women
later join the lawsuit.(Flores v. Columbia River Dairy, No.
0409-09813, Multnomah County Circuit Court, Oregon, filed in
Portland, Oregon)
Fall 2004: Oregon Bureau of Labor and Industries
finds that a shift supervisor did not allow workers to take meal
or rest breaks. (East Oregonian, “Knock, Knock, Knockin’
on Nelson’s door,” December 10, 2005.)
April 18, 2005: Threemile files report with the
Environmental Protection Agency documenting it is releasing 5.6
million pounds of ammonia into the atmosphere each year. According
to an EPA database, Threemile the third largest polluter of ammonia
in the United States. (April 18, 2005 EPA filing CR-ERNS 754198)
June 3, 2005: United Farm Workers files a complaint
with the Organization for Economic Cooperation and Development regarding
conditions at Threemile Canyon Farms.
June 27, 2005: Male worker files lawsuit against
Columbia River Dairy for unlawful termination from employment, alleging
that he was fired because he was a union organizer and had objected
to the sexual discrimination against women by the Dairy. Worker
was fired shortly after he gave testimony before the Portland, Oregon,
City Council about conditions at the Dairy. (Sepulveda v. Columbia
River Dairy, Multnomah County Circuit Court Case No. 0512-12725
filed in Portland, Oregon).
July 13, 2005: The National Institute for Occupational
Safety and Health (NIOSH) agrees to conduct a review of the risk
Threemile workers face being exposed to gasses emitted by the farm.
(Tri City Herald, “Agency to Probe allegations about dairy,”
July 13, 2005.)
July 29, 2005: A front page article in the Oregonian
newspaper identifies Threemile Canyon Farms as one of two likely
sources of contamination that is causing acid rain in the Columbia
Gorge. (Oregonian, “Tracking acid in gorge,” July 29
2005.)
Aug. 22, 2005: Threemile agrees to settle sexual
discrimination lawsuit filed by women workers in September 2004
for just under $200,000. As part of the settlement, the farm acknowledges
“hiring procedures with respect to the dairy positions did
not result in the hiring of female employees until at least Sept.
24, 2004.” (Settlement Agreement and General Release, Flores
v. Columbia River Dairy, No. 0409-09813 Multnomah County Circuit
Court, Oregon filed in Portland, Oregon).
Nov. 2, 2005: United Farm Workers joins the Northwest
Environmental Defense Center, Friends of the Columbia Gorge, Columbia
Riverkeeper, the Oregon chapter of the Sierra Club, Oregon Physicians
for Social Responsibility, the Oregon Center for Environmental Health
and the Learning Disabilities Association of Oregon in filing a
petition with the U.S.Environmental Protection Agency demanding
the agency apply the Clean Air Act to agricultural operations such
as Threemile Canyon Farms. (Oregonian, “Petition: Close Farms’
loophole on pollution,” November 2, 2005.)
Nov. 10, 2005: Three women workers file a second
lawsuit against the farm over sexual discrimination. As part of
that action, attorneys file sworn affidavits from 12 current Threemile
Canyon Farms employees that reveal dairy co-owner A.J. Bos said,
“I don’t want women at the farm—they are only
good for the bed.” (Estrada v. Columbia River Dairy Multnomah
County Circuit Court Case No. 0511-11801 filed in Portland,
Oregon).
Dec. 15, 2005: OR-OSHA issues five additional
citations against Threemile Canyon Farms. Inspection documentation
obtained by the agency establishes Threemile has a policy of denying
OR-OSHA compliance officers on-site unless they have a warrant.
The Farm later confirmed this policy in the February 3, 2006 article
titled; “State Cites Threemile Canyon Farm over health, safety
issues” in the Tri-City (WA) Herald newspaper.
The violations include:
1) Not providing enough bathrooms for employees
2) Failing to provide workers with information about pesticides
used in the break room,
3) Allowing workers to eat their lunches in the break room where
an insecticide not approved for use around humans had been applied,
4) Allowing trash receptacles to overflow,
5) Not maintaining screens in the break room windows
(OR-OSHA inspection number 308460757(93))
February 7, 2006: Four workers file suit against
the compost operation at Threemile Canyon Farm for failure to pay
overtime. One worker’s pay stub shows that he worked 105.5
hours in a single work. (Ramirez et al. v. RDO-Bos Farms LLC,
US District Court, Portland, OR).
March 3, 2006: A motion is filed in US District
Court in Portland to convert the lawsuit for failure to pay overtime
into a class action (Ramirez et al. v. RDO-Bos Farms LLC, Plaintiff
Motion for Approval of Hoffman-Laroche Notice, US District Court,
Portland, OR CV 06-174-KI).
March 16, 2006: Multnomah County Circuit Court
rules in favor of a motion to allow attorneys of former Threemile
worker Arturo Sepulveda to plead for punitive damages, as the initial
evidentiary burden of establishing Three Mile's willful and malicious
actions has been established (Sepulveda v. Columbia River Dairy
Multnomah County Circuit Court Case No. 0512-12725 filed in
Portland, Oregon).
March 18, 2006: A motion is filed in Multnomah
County Circuit Court to add Juan Martinez as a plaintiff in Sepulveda
v. Columbia River Dairy Multnomah County Circuit Court Case No.
0512-12725 filed in Portland, Oregon). Juan was an employee
at Columbia River Dairy and was fired for objecting to unsafe and
unlawful labor practices and for encouraging others to support the
union.
March 22, 2006: A motion to add seven plaintiffs
to Estrada v. Columbia River Dairy was filed in Circuit Court. The
plaintiffs state CRD retaliated against them for speaking out against
the sexual discrimination (Estrada v. Columbia River Dairy Multnomah
County Circuit Court Case No. 0511-11801 filed in Portland,
Oregon).
April 20, 2006: US District court grants motion
to conditionally certify the RDO as a representative action under
the Fair Labor Standards Act . The court will send a notice to all
RDO employees who has worked in the composting operation since February
2003 that a lawsuit for overtime wages has been filed and that they
have the right join the lawsuit (Ramirez et al. v. RDO-Bos Farms
LLC, Plaintiff Motion for Approval of Hoffman-Laroche Notice, US
District Court, Portland, OR CV 06-174-KI).
June 28, 2006: Eleven workers file suit against
Columbia River Dairy for having discriminating against them for
resisting and objecting to sexual discrimination by having filed
affidavits in support of the women who filed sex discrimination
claims. (Martin Cobian, Pablo Olvera et al. v. Columbia River
Dairy, Multnomah County Circuit Court Case No. 060606742, filed
in Portland, Oregon).
June 28, 2006: Two workers file suit against Columbia
River Dairy for wrongful suspension and termination. Juan Martinez
complained about dangerous work conditions on behalf of his co-workers
and was suspended and fired. Alvaro Caldera was fired for having
encouraged his co-workers to support the union. (Juan Martinez
and Alvaro Caldera v. Columbia River Dairy, Multnomah County Circuit
Court Case No. 060606743, filed in Portland, Oregon).
August 21, 2006: Threemile Canyon Farms and the
United Farm Workers sign an historic agreement which establishes
a framework for the resolution of this dispute. The agreement calls
for the use of signed union authorization cards to establish majority
status (card check election), neutrality, and authorizes the use
of binding mediation if good faith negotiations fail to produce
a contract after an agreed upon time.
September 18, 2006: Two workers file suit for
unlawful termination of employment. The complaint argues that Gerardo
Sanguino was wrongfully fired for demanding higher wages and encouraging
other workers to engage in concerted activity. The second worker,
David Calderon, engaged in and encouraged other workers to engage
in concerted activity and was retaliated against for supporting
UFW and to discourage and intimidate workers from supporting the
UFW. (Gerardo Sanguino and David Calderon v. RDO Bos Farms LLC.,
Columbia River Dairy LLC, Threemile Canyon Farms, LLC.
Multnomah County Circuit Court Case No. 06090966 filed in Portland,
Oregon.)
October 11, 2006: Twenty eight past and current
RDO BOS Farms LLC employees have filed claims under the FLSA for
overtime compensation as part of the (Ramirez et al. v. RDO-Bos
Farms) (see April 20, 2006 entry above).
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